AMARESHWAR SAHAY, J. - (1.) EIGHT accused persons including two appellants were tried for committing the offence under sections 148, 149, 307, 326, 325, 324 and 147 of the Indian Penal Code. The learned 2nd Additional Sessions Judge, Giridih vide his judgment dated 24th June, 1997 in S.T. no. 47 of 1993 acquitted the accused persons namely Dwarikha Mahato, Babulal Mahto, Munshi Mahto, Mohan Mahto, Bhushan Mahto and Baasuki Mahto from the charges levelled against them. The appellant no. 1 Diwani Mahto @ Dewani Mahto was convictad for committing the offence under section 326 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for five years and appellant no. 2 Bilash Mahto was convicted for committing the offence under section 324 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for two years.
(2.) BEING aggrieved by the said conviction and sentence, the appellants have preferred the present appeal. The prosecution case in brief is that on 11.8.1992 at about 6:30 A.M. while informant Rajendra Prasad Singh @ Lakhi Singh (P.W. 7) was going to plough his field and while he reached near the house of Babu Lal Lohar, he saw Dwarika Mahato, Basunki Mahto, Bhusan Mahto, Mohana Mahto, Babu Lal Mahto, Munshi Mahto (all acquitted) and the present two appellants, who were armed with speares, Farsa, Bhakuwa and Lathi. It is further alleged that on the order of Dwarika Mahto, accused Babu Lal Mahto (since acquitted) assaulted the informant with lathi. When the informant tried to escape from there, Diwani Mahto, appellant no. 1 assaulted him with Farsa on his head, as a result of which he received injuries on his head and he fell down. In the meantime, appellant no.2 assaulted the informant with Bhakuwa on his right thigh and thereafter all the accused persons (since acquitted) assaulted the informant with lathi. On alarm being raised, the villagers assembled there and then the informant was removed to his house by Chhotu Singh, P.W. 1 and Babulal Lohar, P.W. 3. Informant along with Chhotu Singh, P.W. 1 went to the police station and lodged a written report before the officer -in -charge of Dhanwar Police Station, on the basis of which a case was registered under sections 147/148/149/323/324/and 307 of the Indian Penal Code against the accused persons including the present appellants.
(3.) ALTOGETHER eight witnesses were examined on behalf of the prosecution in order to prove the charges.;